31 



throughout the United States. Seed selection, the first decision a 

 fanner makes each season, is a foundation for the ASTA and Amer- 

 ican agriculture. In fact, our motto is "first the seed." That is how 

 important it is to us. 



This important choice further reinforces our mission as an indus- 

 try to foster and maintain a strong commitment to providing the 

 best germplasm in the way of improved varieties for the American 

 farmers. ASTA and the plant breeding community take this respon- 

 sibility very seriously. ASTA members invest millions of dollars 

 each year in research programs and spend countless hours develop- 

 ing and bringing to the market new and improved seed varieties 

 to the farmer. 



I also would like to say that H.R. 2927 offers a real opportunity 

 for the United States to continue a strong move forward in rec- 

 ognizing intellectual property rights. ASTA is fully aware that the 

 Congress has been involved in other agreements and treaties, and 

 I would like to name the Biodiversity Treaty, NAFTA, and GATT. 

 Those are treaties we signed and we stand behind. 



American plant breeders have for the first time a significant 

 blueprint for protection. ASTA members and those who develop 

 and bring to the market improved seed cultivars are cognizant of 

 the investment of time, financial resources, and commitment to ag- 

 riculture. 



Just as the Congress back in 1970 determined that the private 

 sector could best position and serve the American farmer with new 

 and improved varieties, H.R. 2927 builds on that vision and will 

 further position and reinforce plant breeders today with a sus- 

 tained and certain ability to develop and protect the new varieties 

 that our farmers are demanding to remain competitive here at 

 home and certainly abroad. 



H.R. 2927 does more than bring the us into compliance with an 

 international intergovernmental treaty. It reaffirms our commit- 

 ment as a nation to the unconditional and consistent recognition of 

 intellectual property rights. 



ASTA members and the plant breeding community, however, 

 must know that their risk in investment of capital and human re- 

 sources is one that will enjoy the rights and privileges associated 

 with all other forms of intellectual property. H.R. 2927 provides 

 that incentive and guarantees that right. 



ASTA has taken considerable time and effort in reaching out to 

 the commodity groups and farmer organizations, and we have com- 

 mitments from major commodity groups such as the corn, soybean, 

 wheat, cotton growers supporting the PVPA amendment. 



ASTA strongly endorses the concepts and spirit of H.R. 2927. We 

 firmly believe that by fully adopting the provisions of the 1991 

 UPOV convention, American farmers, agriculture in general, and 

 certainly the plant breeding community will all benefit. 



H.R. 2927 includes important provisions that safeguard rights for 

 the farmer as well. These include the unconditional ability for a 

 farmer to save protected varieties of seed for use on their own hold- 

 ings. ASTA fully stipports this provision. 



Another very important component that is unique to H.R. 2927 

 is the introduction of the concept of essential derivation. Mr. Chair- 

 man, the term essential derivation is one that is unique to the 



